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Torts • Negligence
TORT#034
Legal Definition
An ordinary standard of care applies if the bailment is for mutual benefit. A high standard of care applies if for the exclusive benefit of the bailee.
Plain English Explanation
A bailee is someone who takes possession of an item for a specific purpose, but never owns the item. They are caretakers, who have a responsibility to look after the item while it is in their possession. The standard of care they owe depends on the circumstances of the relationship:
Where the bailor (person giving the item) and the bailee (person receiving the item) both get something out of the relationship, then only ordinary care is owed. Where only the bailor benefits, only slight care is owed by the bailee. And, where only the bailee benefits, they owe a very high level of care.
Where the bailor (person giving the item) and the bailee (person receiving the item) both get something out of the relationship, then only ordinary care is owed. Where only the bailor benefits, only slight care is owed by the bailee. And, where only the bailee benefits, they owe a very high level of care.
Hypothetical
Hypo 1: Amy brings her watch into Sam's pawn shop and uses it to secure a loan for $100 dollars, which Amy must repay within 30 days with interest to get her watch back. Result: Here, Amy and Sam are mutually benefiting. Amy gets $100 and Sam gets interest when Amy pays it back. As such, Sam owes an ordinary duty of care in possessing the watch.
Hypo 2: Sam asks Amy if she will watch his dog while he is on vacation as a favor. Result: Amy is helping Sam out for free by watching his property, so she only owes a slight duty of care.
Hypo 3: Amy runs a coffee shop in a fancy part of the city. To try to increase business, she asks Sam if she can borrow one of the famous Picasso paintings he owns to hang inside her shop. Result: Sam is giving Amy possession of something solely for her benefit and, as such, Amy owes Sam a high level of care.
Hypo 2: Sam asks Amy if she will watch his dog while he is on vacation as a favor. Result: Amy is helping Sam out for free by watching his property, so she only owes a slight duty of care.
Hypo 3: Amy runs a coffee shop in a fancy part of the city. To try to increase business, she asks Sam if she can borrow one of the famous Picasso paintings he owns to hang inside her shop. Result: Sam is giving Amy possession of something solely for her benefit and, as such, Amy owes Sam a high level of care.
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